Cigarettes: United States Constitution and American Medical Association

CigarettesShould the production and sale of cigarettes be made illegal? Cigarettes have had a declining reputation ever since they were linked to various forms of cancer, and other debilitating conditions. Cigarettes were not seen as harmful until public awareness was raised about the issue. Now, there are many advocates for cigarettes and many against them, but does the government have the right to make decisions for the public? Sadly, in the democracy we live in today, there is not much democracy at all. If the government wanted cigarettes to be banned, cigarettes would be banned. The government follows its own agenda, regardless of the general public opinion. The government will always find a way to put a façade over the law and argue that no rights are being violated. According to the United States Constitution, under the authority of Article 1, Section 8, Clause 3, better known as the commerce clause, it reads, “The congress shall have power … To regulate commerce with foreign nations, and among the several states, and with the Indian tribes…”. This states that the federal government has the authority to govern and regulate any commerce within the states. Article one also states, “The congress shall have power… provide for the common defense and general welfare of the United States…”. So if the government decided to ban cigarettes they could use this Article to argue that they are looking out for the best of the public. It is under this law that the government is able to place bans on uncontrolled substances as well. So, if the Supreme Court holds power to ban an uncontrolled substance, like marijuana, but not cigarettes, it would be inconsistent. If it has the power to ban one, it has the power to ban both, under United States law. Both marijuana and cigarettes are considered parts of commerce amongst the states, so the federal government is able to place bans where they find applicable on both. How constitutional this is is infinitely arguable, and all bans placed on uncontrolled substances have been narrowly constitutional; however, it is the law. Cigarettes should not be banned because of the amount of money the government would lose from tobacco taxes. The government makes a considerable amount of money every year from cigarette taxes. Banning cigarettes would also create a black-market for the product and cause more trouble than good. Also, a ban on cigarettes would cause an increase in unemployment worldwide.

Even with tens of thousands of people becoming unemployed, the potential for black-market cigarette retail, and a proportional loss in revenue for the government, critics argue cigarettes need to be banned. The problem with these critics is that their points of argument are thin at best, and fail to give substantial reasons for banning cigarettes. Most notably, the outcry of non-smokers claiming they have to pay extra taxes for old-aged smokers that have acquired costly health problems. An interesting proposal when there are so many studies that suggest the opposite. An article from The Journal of the American Medical Association suggests that in order to have full fairness, smokers should be paid between 22 cents and $1.28 by non-smokers for each pack smoked. This would balance out the societal costs and savings from the smokers habits (Manning 261:1604). So, while statistics say smokers get cancers, heart disease and other conditions that require costly care at a younger age, the same statistics state that smokers die at an earlier age. Therefore, they are not collecting their full potential of pension and social security benefits in their older age. They also do not cause long-term geriatric or nursing home bills like non-smokers do. Another point to make is that when a non-smoker gets lung cancer it is blamed on genetics, but when a smoker gets lung cancer it is assumed it was from smoking. Who is to say that the smoker’s lung cancer was not genetics as well? It should also be noted that lung...

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...you have reviewed and taken notes on the Articles of Confederation and the U.S. Constitution it is time to respond to your writing prompt:
Writing Prompt:
Which document did a better job of fulfilling the ideals of the American Revolution: the Articles of Confederation or the UnitedStatesConstitution?
The UnitedStatesConstitution better represented and fulfilled the ideals of the American Revolution then the Articles of Confederation. Democracy and rights were all earned in the Revolutionary war and were enforced by the UnitedStatesConstitution. Freedom is given to all free citizens in the country through the Bill of Rights. Government is divided into three branches to balance out power. Colonists now chose who represents them in the House of Representatives.
Under the rule of the Articles of Confederation the country had no government to enforce order and this nearly led to anarchy. There was no court to settle disputes over state borders claims in the west. States could print their own money which led to inflation in some states and only states could tax their citizens not congress. This made it very hard to repay the countries war debt. When the UnitedStatesConstitution was ratified it created...

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What is Federalism?
The UnitedStates has one of the most complicated forms of government in the world. With many levels and subdivisions, this form of government is called federalism. Within the UnitedStates, federalism is marked by a continuous change in the system of connections between the national, state, and local governments. At times, the different levels of government act independently and at other times, the levels became so entangled that it becomes impossible to tell apart the responsibilities of one from the other. Federalism is just one of the three main systems of power used by the UnitedStates.
There are two ways, other than pure federalism, to organize power among national and regional governments. Pure federalism is also known as a federal system. In a federal system, the central and regional governments are divided in power and responsibilities, and the governments do not depend on each other for their power. Voters elect candidates into both the regional and central levels within a federal system allowing the UnitedStates to have a representative government, meaning that people elect representatives to legislate on their behalf.
Another system of government is the unitary system. In a unitary system, power is concentrated in the central government. The central government...

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The UnitedStates House of Representatives is one of the two houses of the UnitedStates Congress (bicameral legislature). It is frequently referred to as the House. The house of reps has 435 members in it. They are determined by the state’s population. The representatives serve two year terms.
The UnitedStates Senate is the upper house of the bicameral legislature of the UnitedStates. There are 100 members total in the senate. Each state has two senators and they serve 6 years.
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...Preamble
In order for the UnitedStates to form a more stable and perfect union, to establish justice, and to make a stronger government for the people and by the people a constitution is needed. This Constitution will make the courts better for all states, to have good living conditions, promote general welfare, and for us to have freedom along with all the next generations. All three branches of government will be directly responsible and obligated to carry out and serve the Will of the People (Bradburn 4-5).
Article I – The Legislative Branch
All legislative Powers herein granted shall be vested in a Congress of the UnitedStates, which shall consist of a Senate and House of Representatives. (The Constitution)
Section 1
All legislative powers shall be bested in a Congress of the UnitedStates, which shall be
composed of a Senate, a House of Representatives, and a House of the Common People (Vidal 47-48).
Section 2
The House of Representatives shall be composed of members chosen every second year
by the People of the several States, and the electors in each State shall have the qualifications requisite for Electors of the most numerous branch of the State Legislature. To qualify for this position one must be an American Citizen for at least 10 years and must be...

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A federal government is the common government of a federation. The national Constitution is "the supreme law of the land." In the U.S. constitution it states that the federal government has the issues over national concern. Even though the federal government has the power to give laws governing the whole country, the powers are limited by only having the specific...

...Test #2 Notes
POLS 1101
1. The Constitution
a. Constitutional Change
i. Constitutional change processes:
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a. Two stages: (Both stages are necessary)
i. Proposal
1. Two thirds of congress votes needed
ii. Ratification
2. Three fourths of state legislatures votes needed
b. Interpretation by the courts
iii. Marbury v. Madison
3. Supreme court declared that the courts have the power to nullify government acts when they conflict with the constitution
iv. Judicial review is the courts main check on the other branches of government
4. Judicial review forces the courts to interpret the Constitution
ii. Only 27 amendments have been made
iii. Amending the constitution is extremely hard
iv. The GA Constitution is extremely easy to change and changes frequently
2. Federalism
b. The relationship between state and federal government is constantly changing
c. Theories and Metaphors
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...Amendment VII: Right to jury
Have the right of trial by jury
Amendment VIII: Prohibits cruel or unusual punishment and excessive bails and fines
Prohibits torture or excessively cruel punishments and excessive bails and fines
Amendment IX: listed rights in the constitution
The rights in the constitution aren’t the only ones that exist and shouldn’t be used to undervalue the other rights that exist
Amendment X: Powers not assigned to the UnitedStates by the constitution
If the Constitution doesn't specifically grant a power to the federal government, it automatically stays with the state and the people
Amendment XI: State's sovereign immunity
The judicial power of the UnitedStates protects the states from being sued from citizens of another state or a different country
Amendment XII: Procedure for electing the President and Vice President
Requires electors to vote for president and vice president separately
Amendment XIII: Slavery abolish
Abolishes slavery and grants power to enforce abolition
Amendment XIV: Citizenship rights and Equal Protection Clause
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There are two main functions that the U. S. Constitution serves. One of main function is the three branches of the federal government which are judicial, legislative and executive. The second main function is to, “protect individual rights by limiting the government’s ability to restrict those rights.” (Cheeseman, 2007) Power is distributed throughout the branches in time. The executive branch is designated to provide the election of the president and vice president. Both presidents are elected by the Electoral College and not by popular vote like one would think. The legislative branch’s responsibility consists of the Senate and House of Representatives which together are called Congress. Lastly, there is the judicial branch which was created by establishing the Supreme Court....